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Shielding Children from Pornography by Incentivizing Private Choice

In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle has been fought and won . . . . You’re now one click away from every sex act imaginable for free. And so it’s just passé at this juncture.” In starkContinue reading “Shielding Children from Pornography by Incentivizing Private Choice”

Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933

When Bitcoin launched in 2009, it was the first virtual cryptocurrency to gain popularity and attain widespread use. Much attention has been paid to Bitcoin’s well-publicized advances and setbacks as the world’s foremost virtual currency. Less attention has been paid, however, to the decentralized public ledger technology that enables Bitcoin to function. That technology isContinue reading “Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933”

Algorithmic Entities

In a 2014 article, Professor Shawn Bayern demonstrated that anyone can confer legal personhood on an autonomous computer algorithm by putting it in control of a limited liability company. Bayern’s demonstration coincided with the development of “autonomous” online businesses that operate independently of their human owners—accepting payments in online currencies and contracting with human agentsContinue reading “Algorithmic Entities”

Income-Dependent Punitive Damages

Punitive damages are sums awarded to tort victims over and above their compensable harm. Despite their relative rarity, they have been very salient in the media, preoccupied appellate courts, and fascinated scholars for decades. This prominence may be attributed, at least in part, to a combination of doctrinal idiosyncrasy and stupefying case outcomes. On theContinue reading “Income-Dependent Punitive Damages”

The Corporate Governance of National Security

At hundreds of companies, the government installs former spies and military officers to run the business without shareholder oversight, putting security before profits in order to protect vital projects from potentially treasonous influences. Through procedures I call “National Security Corporate Governance,” corporate boardrooms have quietly become instruments of national defense, marrying the efficiency norms ofContinue reading “The Corporate Governance of National Security”